Deprivation of Liberty Safeguards (DoLS) protect the rights of adults who have a mental health condition and:
- live in a care home or hospital
- cannot make or communicate decisions about their care or treatment
- may be restricted in a way that takes away some of their freedom
The safeguards apply whether the person's care is paid for privately or by public services.
New legal criteria: the AGNI judgment
On 2 June 2026, the UK Supreme Court changed the legal test for deciding whether someone is deprived of their liberty.
This decision is called the Attorney General of Northern Ireland (AGNI) judgment. It replaces the previous "acid test" that organisations used to decide whether a person was being deprived of their liberty.
You can find more information about the AGNI judgment on GOV.UK.
When to make a DoLS referral
Valid consent
Some people who lack mental capacity can still show that they agree with their care and living arrangements. They may do this through words, actions or behaviour.
If a person can clearly show that they accept their care and accommodation arrangements, they have given valid consent.
If a person gives valid consent, they are not considered to be deprived of their liberty and do not need a DoLS referral.
Multifactorial approach
If a person does not give valid consent, cannot give valid consent, or you are unsure whether they are giving valid consent, you must look at their whole situation to decide whether they may be deprived of their liberty.
You should consider:
- nature and type of restrictions: the restrictions in place, such as locked doors, restraint, medication used to control behaviour, or social isolation
- duration and intensity: how long the restrictions last and how much they affect the person's daily life
- manner of implementation: how staff apply and enforce the restrictions in practice
- the setting (relative normality): where the person lives, as restrictions in a person's own home or supported living setting are less likely to amount to a deprivation of liberty than those in a hospital or mental health unit
- the purpose: why the restrictions are in place, including whether they are necessary for care, treatment or protection
- innate limitations: whether the person's physical or mental health condition limits their ability to leave, rather than restrictions put in place by staff
These are only examples. You must look at each person's circumstances individually.
If you are unsure, or if the restrictions are significant, especially if the person objects to their arrangements, you should take a cautious approach and make a DoLS referral.
If you are not sure whether someone needs a DoLS assessment, contact the Deprivation of Liberty Safeguards team before making a referral.
A deprivation of liberty can only be authorised if it is:
- necessary
- proportionate
- in the person's best interests
Specially trained staff will decide this as part of an assessment.
Hospitals and care homes must contact West Sussex County Council if they believe a person needs an authorised deprivation of liberty.
How care homes or hospitals apply for a deprivation of liberty
Applications for a Deprivation of Liberty can be made online through the following:
- DoLS - Request for authorisation which is used to apply for both a standard and urgent authorisation
- DoLS – Urgent authorisation extension request which is used to apply for an extension to an urgent authorisation already in force, and only if the extension was not originally applied for at the time of the original referral
- DoLS - Request for further standard authorisation which is used to request a further authorisation where there has been a previously granted DoLS application
- DoLS - Withdrawal request which is used to withdraw a DoLS application that has already been submitted
Alternatively, from the Association of Directors of Adult Social Services (ADASS) website, staff download, complete and sign:
- Form 1 (Urgent and Standard Authorisation) - Authorises a deprivation of liberty for up to 14 days, starting on the day the form is signed.
- Form 2 (Request for Further Authorisation) - For use only after previous application if DoLS already granted
- Form 10 (Request for Review) - For requesting review during authorised DoLS.
Guidance for completing the above forms is available from the ADASS website.
All forms should be sent via email or fax (not post), to the Deprivation of Liberty Safeguards Team, who will confirm receipt of the forms.
Appealing against an authorised deprivation of liberty
Everyone who has a Deprivation of Liberty Safeguards (DoLS) authorisation has a ‘Relevant Person’s Representative’ appointed as part of the assessment process. The representative supports the person with all aspects of the DoLS, which will include helping with appeals or requesting a review if needed.
A person subject to a DoLS authorisation is entitled to legal representation if they want to challenge their authorisation in the Court of Protection. A solicitor will be able to advise them on this process and also on the availability of Legal Aid.
Form COP DLA should be used for applications to vary or terminate a standard or urgent authorisation made by a supervisory body under Schedule A1 of the Mental Capacity Act 2005. Form available below.
Form COP DLA (GOV.UK) (external link)Deprivation of liberty in other locations
There is a different process to authorise a deprivation of liberty when the person is not living in a hospital or a care home. For example, a person living at home with care arrangements that amount to a deprivation of liberty.
The assessor working with the person, normally a social worker, makes an application to the Court of Protection to authorise the arrangements. If the person strongly disagrees with the arrangements, the court will be made aware by the local authority. The court would then consider whether the person requires formal representation in the case at a hearing.
If the individual disputes the care provisions in place, they should get an independent solicitor for advice about possible legal challenges open to them. An advocate for the person may need to be appointed. Legal aid may be available for this action.
These two processes for authorising a deprivation of liberty still need to be carried out if the person has appointed a Lasting Power of Attorney for health and welfare decisions, or a Deputy for Health and Welfare has been appointed by the Court of Protection. The attorney or deputy will be involved in the process.
Visit the West Sussex Connect to Support website for information about the different types of Power of Attorney and Deputyship.